VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely. 8.2 The client may at any time close its account or discontinue using any or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service. 8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service. 8.3 The bank may at any moment: 8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client; 8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).
Appears in 11 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement, Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; ;
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web-site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 6.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.). A notification sent by the bank to the client’s last address prior to receipt of the notification on change of the client’s address shall be deemed as properly effected.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be referred to Tbilisi City Court or to arbitration selected by the bank as per agreed conditions on arbitration stipulated by paragraph 8.16 hereof.
8.11 The parties hereby agree, that:
8.11.1 the bank shall have the right to request immediate enforcement of the decision (including payment order) of the Court of first instance, in accordance with Article 268.11 of Georgian Civil Procedural Code;
8.11.2 information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of closing an accountthe discrepancy between the information given in information sources and the contents of the present agreement, an amount deposited in a relevant account will the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be returned delivered.
8.16 The parties hereby agree, that:
8.16.1 In the event of any dispute, disagreement or request between the parties, including issues related to failure to observe, violation, termination or invalidity of this agreement, the bank shall have the right to refer to the client, when arbitration “Moravi” for dispute resolution and final award. In the condition under subparagraph 8.2.1 event the aforementioned arbitration is liquidated or its right to act is suspended/ terminated at the time of filing of the Agreement becomes effective claim, the bank shall have the right to refer to arbitration “Dispute Resolution Center” for the dispute settlement. In the event the aforementioned arbitration is liquidated or its right to act is suspended/ terminated at the time of filing of the claim, the bank shall have the right to refer to arbitration “Tbilisi Arbitration-Mediation Chamber” for the dispute settlement. In the event both of the aforementioned arbitrations are liquidated or their right to act is suspended/ terminated at the time of filing of the claim, the bank shall have the right to refer to arbitration “Court of Independent Arbitration” for the dispute settlement. In the event both of the aforementioned arbitrations are liquidated or their right to act is suspended/ terminated at the time of filing of the claim, the bank shall have the right to refer to arbitration “Chamber of Tbilisi Arbitration” for the dispute settlement. In the event both of the aforementioned arbitrations are liquidated or their right to act is suspended/ terminated at the time of filing of the claim, the bank shall have the right to refer to arbitration “Chamber of Arbitration of Georgia” for the dispute settlement;
8.16.2 The dispute shall be considered by sole arbitrator, appointed by a Chairman of the Arbitration (the Bankaward shall be final and not subject to further challenge);
8.16.3 Place of arbitration shall be Tbilisi;
8.16.4 Language of arbitration shall be Georgian;
8.16.5 Arbitration proceedings and delivery of award may be effected either based on the hearing or on presented materials (by way of summary judgment);
8.16.6 Term for delivery of award shall be set as 30 (thirty) calendar days from filing of a claim;
8.16.7 The party shall be notified regarding holding of arbitration meeting (hearing) at least 3 (three) calendar days prior to such meeting;
8.16.8 The notification can be effected by any means of communication (in writing, through telephone, through e-mail, etc.);
8.16.9 Before commencement of arbitration proceedings or on any stage of such proceedings before delivery of final award the bank may solicit on utilization of interim measures;
8.16.10 the interim measures granted by the arbitration as may requested by the bank are of mandatory character and shall be executed by way of submission of execution writ issued by the arbitration within reversion to the Court and without its recognition by the latter;
8.16.11 In order to protect bank’s authoritybusiness reputation and/or its legal interests it shall have the right to publish, at its sole discretion deliver to the Court, administrative organ(s) or any other person any documents, evidences, written and/or verbal statements used during the arbitration proceedings, as well as any documents issued by the arbitration (including arbitration award).
8.16.12 A statement on the competence of arbitration shall be made prior to presentation of counter claim.
8.16.13 A respondent shall present a counter claim (response) within 5 (five) calendar days from receipt of an arbitral claim.
8.16.14 the arbitral award shall not necessarily contain a motivation part (reasoning);
8.16.15 arbitration regulations constitute an integral part of this agreement on arbitration;
8.16.16 in case of discrepancy between the arbitration regulations and this agreement on arbitration the terms hereof shall prevail.
8.17 In the event the client has any obligations towards the bank, in order to secure observation of such obligations, the bank will transfer into its ownership mortgaged and/or pledged property or effect realization thereof. In the event market value of mortgaged and/or pledged property is less than aggregate amount of secured claim at the moment of transfer of ownership title on mortgaged and/or pledged property to the bank (as to the mortgagee and/or pledgee) or the amount received from realization of mortgaged and/or pledged property does not fully cover the secured claim, the secured obligations shall be deemed satisfied within the amount equal to the market value or the amount received from the realization of mortgaged and/or pledged property, as the case may be.
8.18 Rules stipulated in paragraph 8.17 shall be in effect in the event of realization of mortgaged and pledged property during insolvency proceedings. Namely, if the sale price of mortgaged and/or pledged property is less than the bank’s claim, as a result of satisfying the bank’s secured claim from the amount of realization of the mortgaged and/or pledged property, the bank’s unpaid claim shall remain secured and the bank shall be deemed a secured creditor.
8.19 The bank shall have the right to request commencement of enforcement proceedings towards any property of the client (towards any object or intangible property owned by the client) regardless weather obligations of the client is secured by mortgage or pledge or not.
8.20 The client hereby consents to participate in bank’s incentive events and agrees with its terms, unless the client expressly refuses in writing such participation.
Appears in 4 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement, Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time close its account or discontinue using any or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency without latter’s additional approval if it turns out that the customer does not have such account and/or there is a necessity of opening it additionally (for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by the customer to join this agreement shall be deemed as customer’s application on opening of the relevant account.
8.3.5 To block the Client’s bank account(s) – restrict active transaction from/to the Client’s account(s) (cash payments into the account, in and out transfers, cash conversion, etc.) if the account(s) has/have not had any financial activity for 1 (one) year (for the purpose of this Paragraph, charging a bank service fee from the Client’s account(s) shall not be qualified as a banking transaction). Furthermore, if the Client’s account(s) is/are blocked for this reason, he/she will not be entitled to banking facility(ies)/service(s) (sign-up, use, etc.) unless he/she performs completely all of the actions required by the Bank in advance
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web-site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof. If the client exercises (enjoys) the right granted by this paragraph, it shall within 5 (five) calendar days upon giving the bank a written notice of termination of this agreement return all credit products (fully cover all credit limits, overdrafts, bank credits and/or other credit products) received under this agreement and pay the bank all the commission fees, interest rates, penalties and other payables related to the services and products under this agreement. This agreement shall be valid until full implementation of all obligations imposed on the client hereby;
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.):
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/submitted by the borrower to the bank and/or
Appears in 3 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement, Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close ;
8.3.3 Close the clientClient’s account if the client Client breaches its obligations hereunder, obligation under the Agreement and/or if within 6 (six) months there was no has been zero cash balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank no transactions have been carried out by the client from the account shall not be deemed as carrying out of the operation). In the event of closure means of the account for 6 (six) consecutive months. (For the purpose of this Agreement, the charging/transfer of the service fee by the bankBank does not qualify as a transaction). Customer account(s) will also be closed if the account(s) feature transaction(s)/deal(s), whether successfully completed or initiated, that relate to the purchase/ import/ export/ transportation of goods from/ to / via a sanctioned country; involve goods produced in a sanctioned country and/or the use of any means of transportation (whether by air, water, etc.) registered in a sanctioned country. The Client’s account with the Bank will also be closed in other cases envisaged by law. If the account is closed, the remaining funds on amount available in the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant respective account will be returned to the clientClient, when in which case the condition provision under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authorityright) will be enforced.
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency without latter’s additional approval if it turns out that the customer does not have such account and/or there is a necessity of opening it additionally (for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by the customer to join this agreement shall be deemed as customer’s application on opening of the relevant account.
8.3.5 Block the Client’s bank account(s) - restrict active transactions on/from the account(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions have not been carried out on/from the account(s) for 2 (two) years (for the purpose of this Paragraph, debiting the Client’s account(s) for the settlement of the Bank’s service fees/payments related to credit facilities does not qualify as a transaction). Furthermore, if the bank account(s) is/are blocked for reasons mentioned herein, the Client will not be entitled to banking product(s)/service(s) (registration, use of the product(s)/service(s), etc.) until it fully performs actions prescribed by the Bank. The Bank may also block the Client’s account(s) in other cases envisaged by the laws of Georgia.
8.3.6 Block the Client’s account(s) – restrict active transactions (inpayments, outpayments, incoming and outgoing transfers, conversions, etc.), inter alia, the Client’s access (fully or partially) to the funds in his/her account if the Bank has started the examination envisaged in the Law of Georgia on Facilitating the Prevention of Money Laundering and the Financing of Terrorism and/or the related legal acts, a relevant international sanction has been applied against the Client, as well as if there are legitimate doubts that the funds may have been obtained through illegal means or may be intended for unlawuful activities.
8.3.7 Based on its unilateral decision, restrict the Client’s active operations on its accounts (payments to the account, cash withdrawal, incoming and outgoing transfers, currency conversion, etc., including the Client’s access to the cash balance(s) in its account(s) whether completely or partially) and/or close the Client’s account(s) and/or terminate this Agreement without prior notice (including regardless of the Notice of Termination period envisaged in this Agreement and applicable hereto) on the grounds of/due to non-compliance of the Client/ the Client’s activity with the Bank’s unilateral requirements/rules defined/envisaged in the Bank’s internal policy/procedure/document.
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web- site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.):
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/submitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an e-mail address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to the e-mail address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.16- 8.21.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of the discrepancy between the information given in information sources and the contents of the present agreement, the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be delivered.
8.16 The Parties agree that any disputes arising out of or in relation to this Agreement shall be taken to the court for examination and final resolution if the total value of the subject matter(s) in dispute in a single adjudication between the Borrower and the Bank is less than GEL 7 000 (seven thousand) or the equivalent in foreign currency (based on the official (NBG) exchange rate as of the date of the claim).
8.17 If the place of execution of this Agreement or any agreement signed within the scope hereof is eastern or southern Georgia (Shida/Inner Kartli, Kvemo/Lower Kartli, Mtskheta-Mtianeti, Kakheti, Samtskhe- Javakheti, the Temporary Administrative Unit of South Ossetia), the Parties agree that any dispute arising out of or in relation to this Agreement shall be taken to the permanent court of arbitration for consideration and final decision in accordance with the following rule: 1) if the total value of the subject matter(s) in dispute in a single arbitration between the Customer and the Bank is from 7 000 (seven thousand) GEL to 50 000 (fifty thousand) GEL or the equivalent in foreign currency (according to the official (NBG) exchange rate on the date of filing the claim), the dispute shall be discussed by the House of Arbitration LLC (ID 411322359);
Appears in 2 contracts
Samples: Banking Transactions Agreement, Banking Transactions Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time close its account or discontinue using nugsi any or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant servicerelevanstervice.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(sonatchceount(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (cand/o(cr) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunderforhereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no FORVH WKH FOLHQW¶V DFFRXQW LI WKH FOLHQW EUHDFKHV LWV balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the clientthcelient; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).EHFRPHV HIIHFWLYH WKH %DQN¶V DXWKRULW\
Appears in 2 contracts
Samples: Banking Operations Agreement, Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close ;
8.3.3 Close the clientClient’s account if the client Client breaches its obligations hereunder, obligation under the Agreement and/or if within 6 (six) months there was no has been zero cash balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank no transactions have been carried out by the client from the account shall not be deemed as carrying out of the operation). In the event of closure means of the account for 6 (six) consecutive months. (For the purpose of this Agreement, the charging/transfer of the service fee by the bankBank does not qualify as a transaction.) The Client’s account with the Bank will also be closed in other cases envisaged by law. If the account is closed, the remaining funds on amount available in the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant respective account will be returned to the clientClient, when in which case the condition provision under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authorityright) will be enforced.
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency without latter’s additional approval if it turns out that the customer does not have such account and/or there is a necessity of opening it additionally (for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by the customer to join this agreement shall be deemed as customer’s application on opening of the relevant account
8.3.5 Block the Client’s bank account(s) - restrict active transactions on/from the account(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions have not been carried out on/from the account(s) for 2 (two) years (for the purpose of this Agreement, debiting/transfer of the Bank’s service fee does not qualify as a transaction). Furthermore, if the bank account(s) is/are blocked for reasons mentioned herein, the Client will not be entitled to banking facility/ies/service(s) (registration, use of the facility/ies/service(s), etc.) until it fully performs actions prescribed by the Bank.
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web-site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.):
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/submitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an e-mail address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to the e-mail address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.16-8.21.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of the discrepancy between the information given in information sources and the contents of the present agreement, the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be delivered.
Appears in 2 contracts
Samples: Banking Transactions Agreement, Banking Transactions Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close ;
8.3.3 Close the clientClient’s account if the client Client breaches its obligations hereunder, obligation under the Agreement and/or if within 6 (six) months there was no has been zero cash balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank no transactions have been carried out by the client from the account shall not be deemed as carrying out of the operation). In the event of closure means of the account for 6 (six) consecutive months. (For the purpose of this Agreement, the charging/transfer of the service fee by the bankBank does not qualify as a transaction). Customer account(s) will also be closed if the account(s) feature transaction(s)/deal(s), whether successfully completed or initiated, that relate to the purchase/ import/ export/ transportation of goods from/ to / via a sanctioned country; involve goods produced in a sanctioned country and/or the use of any means of transportation (whether by air, water, etc.) registered in a sanctioned country. The Client’s account with the Bank will also be closed in other cases envisaged by law. If the account is closed, the remaining funds on amount available in the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant respective account will be returned to the clientClient, when in which case the condition provision under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authorityright) will be enforced.
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency without latter’s additional approval if it turns out that the customer does not have such account and/or there is a necessity of opening it additionally (for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by the customer to join this agreement shall be deemed as customer’s application on opening of the relevant account.
8.3.5 Block the Client’s bank account(s) - restrict active transactions on/from the account(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions have not been carried out on/from the account(s) for 2 (two) years (for the purpose of this Paragraph, debiting the Client’s account(s) for the settlement of the Bank’s service fees/payments related to credit facilities does not qualify as a transaction). Furthermore, if the bank account(s) is/are blocked for reasons mentioned herein, the Client will not be entitled to banking product(s)/service(s) (registration, use of the product(s)/service(s), etc.) until it fully performs actions prescribed by the Bank. The Bank may also block the Client’s account(s) in other cases envisaged by the laws of Georgia.
8.3.6 Block the Client’s account(s) – restrict active transactions (inpayments, outpayments, incoming and outgoing transfers, conversions, etc.), inter alia, the Client’s access (fully or partially) to the funds in his/her account if the Bank has started the examination envisaged in the Law of Georgia on Facilitating the Prevention of Money Laundering and the Financing of Terrorism and/or the related legal acts, a relevant international sanction has been applied against the Client, as well as if there are legitimate doubts that the funds may have been obtained through illegal means or may be intended for unlawuful activities.
8.3.7 Based on its unilateral decision, restrict the Client’s active operations on its accounts (payments to the account, cash withdrawal, incoming and outgoing transfers, currency conversion, etc., including the Client’s access to the cash balance(s) in its account(s) whether completely or partially) and/or close the Client’s account(s) and/or terminate this Agreement without prior notice (including regardless of the Notice of Termination period envisaged in this Agreement and applicable hereto) on the grounds of/due to non-compliance of the Client/ the Client’s activity with the Bank’s unilateral requirements/rules defined/envisaged in the Bank’s internal policy/procedure/document.
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web- site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 All notifications must be delivered in writing or otherwise as indicated in this Agreement. A written notification must be delivered to the Party to the address last known to the sender. The Bank may also use other means of communication (including electronic, digital, telephone, SMS texts, Push Notifications (directly sent to the Client’s mobile phone number. A detailed description of Push Notifications (including activation/deactivation) is provided in the Bank’s different information channels (including the Bank’s website: xxxxx://xxx.xxxxxxx.xx/web/en/web/guest/sms-banking)), etc.):
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/submitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an e-mail address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to the e-mail address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.8.5 The Client declares and confirms that they agree to receive information/notifications subject to sending/delivery via SMS texts in the form of Push Notifications. Furthermore, Push Notifications shall have the same legal effect as stipulated in this Agreement for SMS texts;
8.8.6 The Client confirms that the Bank has provided them with full information regarding the alternative way (Push Notifications) of receiving the service (the SMS Service) envisaged in Article 13 of the Agreement. Notification of customers by means of push messages/notifications is fully subject to service terms and conditions envisaged in Article 13 of the Agreement. Furthermore, the Client is entitled to choose at their own discretion the channel/source of notification/information (SMS/Push Notifications).
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.16- 8.21.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of the discrepancy between the information given in information sources and the contents of the present agreement, the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be delivered.
8.16 The Parties agree that any disputes arising out of or in relation to this Agreement shall be taken to the court for examination and final resolution if the total value of the subject matter(s) in dispute in a single adjudication between the Borrower and the Bank is less than GEL 7 000 (seven thousand) or the equivalent in foreign currency (based on the official (NBG) exchange rate as of the date of the claim).
8.17 If the place of execution of this Agreement or any agreement signed within the scope hereof is eastern or southern Georgia (Shida/Inner Kartli, Kvemo/Lower Kartli, Mtskheta-Mtianeti, Kakheti, Samtskhe- Javakheti, the Temporary Administrative Unit of South Ossetia), the Parties agree that any dispute arising out of or in relation to this Agreement shall be taken to the permanent court of arbitration for consideration and final decision in accordance with the following rule: 1) if the total value of the subject matter(s) in dispute in a single arbitration between the Customer and the Bank is from 7 000 (seven thousand) GEL to 50 000 (fifty thousand) GEL or the equivalent in foreign currency (according to the official (NBG) exchange rate on the date of filing the claim), the dispute shall be discussed by the House of Arbitration LLC (ID 411322359);
Appears in 2 contracts
Samples: Banking Transactions Agreement, Banking Transactions Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank nbka of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject todelivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to theabnk a written notification on the account closure and/or termination of use of the service, be obliged to pay to the bank with an advance written notice of closure of the all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the teh contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's cusetro'sm account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the customerhet details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s)account(ins)g, using us banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics charaectristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder;
8.3.3 FORVH WKH FOLHQWb¶reVacheDsFitsFoRbliXgaQtioWns hLerIeundWerK, if within 6 (six) months iHf withFinO6L(sHix)QmWonths there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by athnek b y the client from IURP WKH DFFRXQW VKDOO QRW EH GHHPHG DV FDUU\LQJ RX closed in other cases under the account shall not be deemed as carrying out laws of the operation)Georgia. In the event of closure of the account by the bank, the remaining funds on the account accuont shall be returned to the client; ;
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer LQ DQ\ FXUUHQF\ ZLWKRXW ODWWHU¶V DGGLWLRQDO DSSURYD account and/or there is a necessity of opening it additionall(yfor the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations itnhe currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by cthuestomer to join this agreemetn VKDOO EH GHHPaHppGlicatDionVon FopXenVinWg Rof PtheHrUele¶vaVnt account 8.3.5 %ORFN WKH &OLHQW-¶rVestricEt DacQtivNe traDnsFacFtioRnsXQonW/fromV the account(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank ntrsaactions have not been carried out on/from the account(s) for 2 (two) years (for the purpose of this Agreement, GHELWLQJ WUDQVIHU RI WKH %DQN¶V VHUYLFH IHH GRHV Q account(s) is/are blocked for reasonmsentioned herein, the Client will not be entitled to banking facility/ies/service(s) (registration, use of thfeacility /ies/service(s), etc.) until it fully performs actions prescribed by the Bank.
8.4 This agreement may at any time be terminated subject toHth stipulated by the current legislation. SDUWLHV¶ DJUHHPHQW RU
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the we-sbite of the bank at xxx.xx xxxxx.xx and/or at the SUHPLVHV RI WKH EDQN¶V EUDQFKHV DQG VHUYLFH FHQWHUV
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement ofpreecstive information on WKH EDQ-VNL¶WVH ZDHQEG RU EDQN¶V EUDQFKHV DQG VHUYLFH FHQ forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments psroepdoby the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not wVoHr Q WKH FOLHQW¶V FRQGLWLRQ
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notificatio n to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of deivl ery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.:)
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) thsi contract and/or (b) any document provided/submitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email addres,sthe receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to -thmeaiel address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served iomn/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the noctaiftiion or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in acdcaonrce with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs8.16-8.19.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-VLWH RI WKH EDQN WKH LQIRUPDWLRQ SU computer programs) as well as electronic and printed out copies of closing an account, an amount deposited in a relevant account will be returned to those information prepared by the client, when bank and signedby the condition under subparagraph 8.2.1 director of the Agreement becomes effective bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have edxbisetteween the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the cHli QW DQG EDQN¶V UHFRPPHQGDWLRQV detail in the sources disseminated by the bank (including booklets, brochures, the Bank’s authority).web site of the bank,
Appears in 1 contract
Samples: Banking Transactions Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall shlal come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and agreemanednt shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services altlhoef service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice tobathnek. In such this case, the client shall customer shall, within not later than 5(five) calendar days after submitting to the bank a written notification on the account closure and/or termination of use of the service, be obliged to pay to the bank all the commission fees and any other payables related to the respective account payments relating toctriveespaeccount and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or accso)uanntd( /or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse atboledisburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without di,sbwuitrhsoeut any additional approval of the customer, the balance(s) available on the account(s) to acco(su)ntto any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(stchoeunatc(s) to the bank's transit account and/or (c) limit lmi it the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the etfofetchte client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated setirpvuiclaetsesd by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close hereduenr;
8.3.3 ORVH WKH &OLHQW¶V DFFRXQWu nLdeIr t heWAKgrHee m&enOt aLndH/oQr ifWth erEe UhaHs bDeFenKzeHroVc asLh bWaVlan ceRinEtOheLacJcoDuWnt LanRd/Qor no transactions have been carried out by means of the client’s account if the client breaches its obligations hereunder, if within for 6 (six) months there was no balance consecutive months. th(Feorpurpose of this Agreement, the charging/transfer of the service fee by the Bank does not qualify as a transaction). Customer account(s) will also beifcltohseeadccount(s) feature transaction(s)/deal(s), whether successfully completed or initiatehda, t relate to the purchase/ import/ export/ transportation of goods from/ to / via a sanctioned country; involve goods produced in a sanctioned country and/or the use of any means of transportation (wheythaeirr, bwater, etc.) registered in a sanctionedRc XQWU\ 7KH &OLHQW¶V DFFRXQW ZLWK WKH %DQN ZLOO DOVR EH F the amount available in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant respective account will be returned to the clientClient, in which case the provision under 8.2.1 (tDheQBN¶hVt) wilUl bLe J enforced.
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency wWith ouODWWHU¶V DGGL approval if it turns out that the customer does not have such account and/or there inseacessity of opening it additionally(for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(fsro)m deposit account(s), incoming transfer operations in the currency, idfferent from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed bcyutshteomer to join this agreemensthall be deemeG DV FXaVppWlicRatiPonHoUn o¶pVening of the relevant account 8.3.5 %ORFN WKH &OLHQ-Wre¶strVict aEctiDveQtrNan saDctiFonFs RonX/frQomWt heVa cc ount(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions haveotnbeen carried out on/from the account(s) for 2 (two) years (for the purpose of this Paragraph, debiting WKH &OLHQW¶V DFFRXQW V IRU WKH VHWWOHPHQW RI WKH %DQasNa¶tVran saVctHionU).YLFH I Furthermore, if the bank account(s) is/are blocked for reasons mentioned herein, the Client will not be entitled to banking pro(dsu)/cstervice(s) (registration, use of the product(s)/service(s), etc.) until it fully performs actions prescribed by the Bank. TDheQBN PD\ DOVR EORFN W account(s) in other cases envisaged by the laws of Geo. rgia
8.4 7KLV DJUHHPHQW PD\ DW DQ\ WLPH EH WHUPLQDWHG VXEMHFW gisWlaRtio n.WKH SDUWLHV¶
8.5 The bank retains the right ot introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-VLWH RI WKH EDQN DW ZZZ WEFEDQN JH DQG RU DW WKH SUHPLVHV RI WK
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar GD\V IURP WKH SODFHPHQW RI UHV-VSLHWFHWL YDHQ G LRQUI RUEPDDQWNL¶RVQ ERUQD QFWKHV EDQtheGN ¶VHUZYHLE procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shaellebmeed to be accepted by the client and the agreement amended accordingly. Thenbkashall have the right to make amendments to this agreement immediately after placement hereof on the we-bVLWH LQ FDVH VXFK DQ DPHQGPHQW GRHV QRW ZRUVHQ WKH FOLHQ
8.7.1 The parties agree that if the bank makes changes to the terms of this cont torar cany additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other formtsipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also usremoetahnes of communication (including electronic, digital, telephone, etc.:)
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrow(ae)r tihnis contract and/or (b) any document provided/submitted by the borrower to the bank and/or (c) any public source, shall besicdoenred for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by thveerification provided by respective technical means. The customer agrees that the email submitted to the e-mail address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be ecdonbfiyrma receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered osenrhveim/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender becausbesoefnace of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served onyinfoarm and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the condition under subparagraph 8.2.1 current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by netgioontisa. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs -88.1.261.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-VLWH RI WKH EDQN WKH LQdIatRabUasPe D(inWcLomRpQute r SproUgRramWsH) aFs WweHllGas eLlecQtr onWic KanHd EDQN printed out copies of those information prepared by the bank and signed by the director of the Agreement becomes effective bank or his/her lawful repnrteastieve shall have evidentiary purpose and shall confirm the existencef tohose dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject mattperreosfetnhteagreement.
8.13 In the event any provision hereof is declared obrecome void, such event shall not affect other provisions of the agreement.
8.14 RQGLWLRQV WDULIIV LQWHUHVW UDWH RI VHUYLQJ WKH XXxXx dHisQseWm inaDteQd Gby thEe DQN¶V bank (including booklets, brochures, the Bank’s authorityweb site of the bank, etc.). In case of the discrepancy between the information given in information sources and the contents of the present agreement, the terms of this agreement shall prevail.
8.15 7H[W RI WKLV DJUHHPHQW-s iteLwVww .xXxxXxxXxxX.xXx.XX poRn Qre quWesKt oHf t heEcDlieQnt Nth¶e sVig neZd HveErsion of this agreement shall be delivered.
Appears in 1 contract
Samples: Banking Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the receipft tohe application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an subject to delivery of 10(ten) calendar days advance written notice thereof 10 (ten) calendar days before prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance written notice a writtenontification on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged boebliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which ofhwich have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or a/nodr fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder;
8.3.3 FORVH WKH FOLHQW¶V DFFlRigaXtioQnWs h erLeuInd eWr, if within 6 (six) months there iKf wHith inF6O(sLix)HmQonWth s EtheUreHDFKHV was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by thnet clie IURP WKH DFFRXQW VKDOO QRW EH GHHPHG DV FDUU\LQJ R closed in other cases under the client from the account shall not be deemed as carrying out laws of the operation)Georgia. In the event of closure of the account by the bank, the remaining funds on the account shall be returned truerned to the client; ;
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer LQ DQ\ FXUUHQF\ ZLWKRXW ODWWHU¶V DGGLWLRQDO DSSURY account and/or there isa necessity of opening it additionally(for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currencdyi,fferent from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by cthuestomer to join this agreement shall be deemHG DV FaXpVpliWcaRtioPn oHnUop¶eVning of the relevant account
8.4 7KLV DJUHHPHQW PD\ DW DQ\ WLPH EH WHUPLQDWHG VXEM stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to itsh agreement through 10 (ten) calendar days advance placement of relevant information on the we-sbite of the bank at xxx.xxxxxxx.xx and/or at the SUHPLVHV RI WKH EDQN¶V EUDQFKHV DQG VHUYLFH FHQWHU
8.6 In the event stipulated under paragraph 8.5 hereof theliecnt shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on WKH EDQ-VNL¶WVH ZDHQEG RU EDQN¶V EUDQFKHV DQG VHUYLFH FHQ forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be acceptbeyd the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-VLWH LQ FDVH VXFK DQ DPHQGPHQW GRHV QRW ZRUVHQ
8.7.1 The parties agreethat if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notificati on hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also usteheor means of communication (including electronic, digital, telephone, etc.:)
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/bsmuitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to -thmeaiel address indicated in the subparagraph 8.8.1. of this Agreemeniftt(he receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered reecived/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.1-68.19.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-VLWH RI WKH EDQN WKH LQIRUPDWLRQ SU computer programs) as well as electronic and printed out copies of closing an account, an amount deposited in a relevant account will be returned to those information prepared by the client, when bank and signed by the condition under subparagraph 8.2.1 director of the Agreement becomes effective bank or his/her lawfurel presentative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subjectmatter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 RQGLWLRQV WDULIIV LQWHUHVW UDWH RI VHiUn mYoLreQJ WKH detail in the sources disseminated by the bank (including booklets, brochures, the Bank’s authority).web site of the bank,
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; ;
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web-site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.). A notification sent by the bank to the client’s last address prior to receipt of the notification on change of the client’s address shall be deemed as properly effected.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.16-8.19.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of closing an accountthe discrepancy between the information given in information sources and the contents of the present agreement, an amount deposited the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be delivered.
8.16 The parties hereby agree, that any dispute, disagreement or request between the parties in a relevant account will be returned connection with this agreement (contract), including issues related to the clientperformance, violation, termination or invalidity of this agreement, when the condition under subparagraph 8.2.1 total value is not equal to the amount from 7,000 (seven thousand) GEL to 50 000 (fifty thousand) GEL or equivalent of this amount in another currency as determined by the official exchange rate of the Agreement becomes effective National Bank of Georgia for the date of presenting the claim, shall be considered and decision be finally made in accordance with the legislation in force. By signing the given agreement, parties agree that pursuant to the part 11 of the article 268 of the Code of Civil Procedure of Georgia, and in accordance with this agreement, in the event of satisfaction of the bank claim in relation to the dispute, the decision made by the court of first instance (including payment order) shall be immediately transferred to enforcement.
8.17 The parties agree upon that any dispute due to the Bank’s authorityContract (Agreement) hereof or related thereto, discrepancies or demands, among them the issue(s) of implementation, violation/breach, termination or cancellation of the Agreement, the summarized (general) value of the subject to the dispute is the amount in the scope of 7.000 (seven thousand) GEL - 50 000 (fifty thousand) GEL, or its equivalent for the date of submission of the claim in accordance with the official exchange rate of the National Bank of Georgia, for resolution and final settlement is transferred to the arbitration. The parties agree upon that the dispute by and between the parties shall be tried by the permanent arbitration “Moravi” (identification code: 404379347). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Dispute Resolution Center” (DRC) (identification code 204547348). In the event if for the moment of submission of the claim (complaint) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Tbilisi Arbitration and Conciliatory Chamber” (identification code 205184469). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Independent Arbitration Court” (Identification code 000000000). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Tbilisi Arbitration Chamber” (Identification code 204418291). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Georgian Arbitration Chamber” (identification code 205267389).
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time close its account or discontinue using any ugsinany or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant servicerelevanst ervice.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able beable to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(stchceouant(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (cand/o(cr) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no FORVH WKH FOLHQW¶V DFFRXQW LI WKH FOLHQW EUHDFKHV LWV balance in the inthe account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operationoperoanti). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph underusbparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).EHFRPHV HIIHFWLYH WKH %DQN¶V DXWKRULW\
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time close its account or discontinue disctoinnue using any or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank paybathnek all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant therelevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank thebank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on avbaleilaon the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account acocunt and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no FORVH WKH FOLHQW¶V DFFRXQW LI WKH FOLHQW EUHDFKHV LWV balance in the inthe account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operationoperoanti). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph underusbparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).EHFRPHV HIIHFWLYH WKH %DQN¶V DXWKRULW\
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time close its account or discontinue using nugsi any or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant servicerelevanstervice.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(sonatchceount(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (cand/o(cr) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no FORVH WKH FOLHQW¶V DFFRXQW LI WKH FOLHQW EUHDFKHV LWV balance in the inthe account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operationoperoanti). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph underusbparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).EHFRPHV HIIHFWLYH WKH %DQN¶V DXWKRULW\
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitelyindefeinlyit.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using therelevant service to the relevant servicebank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on the account closure and/or termination of closure use of the service, be obliged to pay to the baanlkl commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative alternivaet bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the transfethre balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreementagreeme, offer notffer to the client or discontinue providing any and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no ;
8.3.3 ORVH WKH &OLHQW¶V DFFRXQW unLdeIr theWAKgHree m&enOt LanHd/oQr Wif t heEreUhHasDFKHV been zero cash balance in the account and/or no transoancsti have been carried out by means of the account for 6 (six) consecutive months. (For the purpose of this Agreement, the charging/transfer of the service fee by the Bank does not qualify as a transaction). Customer account(s) will also be closed if the client has not effected any operation through account(s) feature transaction(s)/deal(s), whether successfully completed or initiated, that relate to the purchase/ import/ export/ transportation of goods from/ to / via a sanctioned country; involve goods produced in a sanctioned country and/or the use aonf y means of transportation (whether by air, water, HWF UHJLVWHUHG LQ D VDQFWLRQHG FRXQWU\ 7KH &OLH cases envisaged by law. If the account is closed, the amount available in the respective acwcoillubnet UHWXUQHG WR WKH &OLHQW LQ ZKLFK FDVH WKH. SURYLVLRQ
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer LQ DQ\ FXUUHQF\ ZLWapKprRovXal Wif i t tOurnDsWouWt tHhaUt t¶heVc usDtomGeGr dLoWesLnoRt QhaDveOs uch account and/or there is a necessity of opening it additional(lfyor the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transrfienrg amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreemet nand/ or any application, signed by thceustomer to join this agreement VKDOO EH GHHPaHppGlic atDionVo n FopXenVinWg Rof PtheHrUele¶vaVnt accou.nt 8.3.5 %ORFN WKH &OLHQW-¶rVes tricEt DacQtivNe traDnsFacFtioRnsXQonW/fr omV th e account(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions have not been carried out on/from the account(s) for 2 (two) years (for the purposes purpose of this paragraph transfer/deduction of service fees payable to Paragraph, debiting the &OLHQW¶V DFFRXQW V QINR¶UV WVKHHU YVLHFWHW OIHHPHHVQ WS DR\IP HWQKWHV %UDHOD not qualify as a transaction). Furthermore, if the bank account(s) is/are blocked for reasons mentioned herein, the Client will not be entitled to banking product(s)/service(s) (registration, usoef the product(s)/service(s), etc.) until it fully performs actions prescribed by the client from Bank. The Bank may also EORFN WKH &OLHQW¶V DFFRXQW V LQ. RWKHU FDVHV HQYLVD 8.3.6 %ORFN WKH &OL±HreQstWric¶t aVct iveDtFranFsRacXtioQnsW(i npVyam e nts, outpayments, incoming and RXWJRLQJ WUDQVIHUV FRQYHUVLRQV HWF LQWHU XXXX his/her account if the account shall not be deemed as carrying out Bank has started the examination envisaged in the Law of Georgia on Facilitating the operation). In Prevention of Money Laundering and the event Financing of closure of Terrorism and/or the account by the bankrelated legal acts, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will international sanction has been applied against the Client, as well as if there are legitimate doubts that the funds may have been obtained through illegael mans or may be returned to the client, when the condition under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority)intended for unlawuful activities.
Appears in 1 contract
Samples: Banking Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant service. In such case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; ;
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web-site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.). A notification sent by the bank to the client’s last address prior to receipt of the notification on change of the client’s address shall be deemed as properly effected.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.16-8.18.
8.11 Information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of closing an accountthe discrepancy between the information given in information sources and the contents of the present agreement, an the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be delivered.
8.16 The parties hereby agree, that any dispute, disagreement or request between the parties in connection with this agreement (contract), including issues related to performance, violation, termination or invalidity of this agreement, when the total value is not equal to the amount deposited from 7,000 (seven thousand) GEL to 50 000 (fifty thousand) GEL or equivalent of this amount in a relevant account will another currency as determined by the official exchange rate of the National Bank of Georgia for the date of presenting the claim, shall be returned considered and decision be finally made in accordance with the legislation in force. By signing the given agreement, parties agree that pursuant to the part 11 of the article 268 of the Code of Civil Procedure of Georgia, and in accordance with this agreement, in the event of satisfaction of the bank claim in relation to the dispute, the decision made by the court of first instance (including payment order) shall be immediately transferred to enforcement.
8.17 The parties agree upon that any dispute due to the Contract (Agreement) hereof or related thereto, discrepancies or demands, among them the issue(s) of implementation, violation/breach, termination or cancellation of the Agreement, the summarized (general) value of the subject to the dispute is the amount in the scope of 7.000 (seven thousand) GEL - 50 000 (fifty thousand) GEL, or its equivalent for the date of submission of the claim in accordance with the official exchange rate of the National Bank of Georgia, for resolution and final settlement is transferred to the arbitration. The parties agree upon that the dispute by and between the parties shall be tried by the permanent arbitration “Moravi” (identification code: 404379347). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Dispute Resolution Center” (DRC) (identification code 204547348). In the event if for the moment of submission of the claim (complaint) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Tbilisi Arbitration and Conciliatory Chamber” (identification code 205184469). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Independent Arbitration Court” (Identification code 000000000). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Tbilisi Arbitration Chamber” (Identification code 204418291). In the event if for the moment of submission of the arbitration claim (complain) the above mentioned arbitration is liquidated or its functioning is ceased / terminated, the dispute shall be resolved by the permanent arbitration “Georgian Arbitration Chamber” (identification code 205267389).
8.18 The parties agree upon and set the arbitration implementation rules and procedures in accordance with the below listed demands (arbitration clause-agreement). The arbitration implementation rules and procedures are defined in accordance with the provisions of the permanent arbitration institution, if due to the Agreement hereof other rules and procedures are not defined, or the Agreement hereof does not set the rules and procedures different from and/or additional to the provisions of the permanent arbitration institution. At the same time, the edition of the provision of the permanent arbitration institution is applied for, which is valid for the date of adoption of the arbitration claim. The arbitration dispute(s) resolution site is Tbilisi. The arbitration resolves the dispute according to the legislative norms of the acting legislation of Georgia and the arbitration trial is carried out in Georgian language. The permanent arbitration institution resolves the dispute in contents of one arbiter. The parties agree upon that the right to assign the arbiter is held with the bank unanimously. The bank assigns the arbiter in the term 3 (three) days upon receipt of the arbitration claim to the proceedings by the permanent arbitration institution. The assigned arbiter shall be the citizen of Georgia, legal entity with the higher legal education, with 2 years’ experience in the banking field. If the value of the subject to the dispute does not exceed 20.000 (twenty thousand) GEL or its equivalent in other currency for the day of submission of the arbitration claim in accordance with the official exchange rate of the National Bank of Georgia, the arbitration resolves the dispute without verbal hearing of the parties (arbitration resolution form) in accordance with the provision of the permanent arbitration institution. In the event if the bank does not assign the arbiter in the term foreseen by the Agreement hereof, it shall be considered that the latter refuses to apply for the right of assigning of the arbiter directly. In such case the parties agree upon in advance that the right to assign the arbiter is transferred to the permanent arbitration institution, and the permanent arbitration institution assigns the arbiter during 3 (three) days upon expiration of the term set to the bank for assigning of the arbiter. Before starting of the arbitration or at any stage of resolution, until the final arbitration decision is drawn, the party may with petition to refer to the permanent arbitration institution, and upon formation of the arbitration – to the arbiter, regarding application of the securing arrangements for the arbitration claim. The securing arrangements applied for the arbitration claim by the permanent arbitration institution (or arbitration) are of obligatory character and shall be executed on basis of the issued writ of execution. The parties agree upon that the arbitration claim securing arrangement(s) are of the obligatory legal force for acknowledgement and execution of the latter by the party without referring to the court. If not defined by the provision of the permanent arbitration institution and or the legislation, the authorities to solve the procedural issues related to drawing of the decision by the arbitration is assigned to the chairperson of the arbitration court. In case of satisfaction of the arbitration claim, the defendant shall bear all the expenses related to the arbitration proceedings, among them: the arbitration fee, the fee for securing of the arbitration claim, the legal service rendering costs, the costs related to withdrawal of the evidences and/or aimed for their securing, the expenses of the specialist, the expert, the interpreter, the incident site inspection costs, also the costs related to search of the real estate and the moveable assets, and the intangible assets being in the proprietorship of the party (client, xxxxxxx, mortgager/owner of the mortgage object, bailsman, joint and several debtor), also the expenses for verification of the place of residence and/or the legal address of the party, also the expenses related to the statement of acknowledgement and execution of the arbitration decision. The arbitration decision enters into force upon its drawing and shall not necessarily include the motivation part.
8.19 The parties agree upon that the notification and/or any other official communication by and between them are carried out in writing and/or via email. The parties agree upon that the communications by and between them and the court, and/or by and between them and the arbitration institution, and/or by and between them and the arbiters are carried out in writing and/or via email. The parties agree upon that any official notification due to the Agreement hereof, among them on refusal of the Agreement, cancellation of the Agreement and/or defining of the additional term for implementation of the liabilities, and also on increase of the interest rate by the bank unilaterally shall be considered as implemented if submitted to the party in writing and/or via email to the address indicated in the part of the details of the parties in the Agreement hereof. The client agrees upon that the court or the arbitration (arbiter) shall implement summoning of the client, when submission of the condition under subparagraph 8.2.1 notification, transfer of the documents related to the proceedings of the court or the arbitration, submission of the decision (judgment) / repayment order / submission of the arbitration decision shall be implemented in writing and/or via email to the address indicated in the part of the details of the parties in the Agreement hereof. If the parties receives the notification via email to the address indicated in the in the part of the details of the Agreement becomes effective part of the Agreement hereof, receipt (submission to the Bankparty) shall be confirmed with the extract implemented with the appropriate technical means and/or the confirmation provided by the appropriate technical means. The client agrees upon that the notification allocated electronically to the email indicated in the part of the details of the parties in the Agreement hereof (if receipt (submission to the party) is confirmed with the extract of the appropriate technical means and or the confirmation provided with the appropriate technical means) is considered as submitted. The client undertakes the liability to get familiarized with the correspondence allocated at the indicated email address no later than in one month.
8.20 In the event the client has any obligations towards the bank, in order to secure observation of such obligations, the bank will transfer into its ownership mortgaged and/or pledged property or effect realization thereof. In the event market value of mortgaged and/or pledged property is less than aggregate amount of secured claim at the moment of transfer of ownership title on mortgaged and/or pledged property to the bank (as to the mortgagee and/or pledgee) or the amount received from realization of mortgaged and/or pledged property does not fully cover the secured claim, the secured obligations shall be deemed satisfied within the amount equal to the market value or the amount received from the realization of mortgaged and/or pledged property, as the case may be.
8.21 Rules stipulated in paragraph 8.17 shall be in effect in the event of realization of mortgaged and pledged property during insolvency proceedings. Namely, if the sale price of mortgaged and/or pledged property is less than the bank’s authority)claim, as a result of satisfying the bank’s secured claim from the amount of realization of the mortgaged and/or pledged property, the bank’s unpaid claim shall remain secured and the bank shall be deemed a secured creditor.
8.22 The bank shall have the right to request commencement of enforcement proceedings towards any property of the client (towards any object or intangible property owned by the client) regardless weather obligations of the client is secured by mortgage or pledge or not.
8.23 The client hereby consents to participate in bank’s incentive events and agrees with its terms, unless the client expressly refuses in writing such participation.
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time close timeclose its account or discontinue using any or all of the services provided for hereunder by giving the bank an advance written notice thereof 10 (ten) calendar days before closure of the account or discontinuation of using the relevant service. In such case, the ec,atshe client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no later than 5 (five) calendar days upon serving the bank with an advance written notice of closure of the account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customercustoemr, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to account(s)to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days calenddaarys advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any pronvigdiany and all services provided for hereunder; close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no FORVH WKH FOLHQW¶V DFFRXQW LI WKH FOLHQW EUHDFKHV LWV balance in the account and/or if the client has not effected any operation through the account (for acncto(ufor the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).EHFRPHV HIIHFWLYH WKH %DQN¶V DXWKRULW\
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated applicationpusltai xxx in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof sutobjdeecltivery of 10 (ten) calendar days before davance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such casethaisec, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on thecoaucnt closure and/or termination of closure use of the account service, be obliged to pay to the bank all commission fees and any other payments relating toctriveespaeccount and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer trsafner the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available balavnacielable on the customer's account. If the customer fails to faitlso fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have dewtahilischofhave become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the atc(sc)otuonthe bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the refursoevtidoepthe service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the etfofetchte client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change etvoefnchange of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close ;
8.3.3 ORVH WKH &OLHQW¶V DFFRXQWu nLdeIr t heWAKgreHe me&nOt aLndH/oQr ifWth erEe hUaHs bDeeFnKzeHroVca sLh bWalVan ceRinEthOeLacJcoDunWt LanRd/oQr no transactions have been carried out by means of the client’s account if the client breaches its obligations hereunder, if within for 6 (six) months there was no balance consecutive months. (For the purpose of this Aegnrt,eethme charging/transfer of the service fee by the Bandkoes not qualify as a transaction.). Customer account(s) will also be closed if the account(s) feature transaction(s)/deal(s), whether successfully completed or initiated, that relate to the purchase/ import/ export/ transpioonrtaotf goods from/ to / via a sanctioned country; involve goods produced in a sanctioned country and/or the use of any means of transportation (wheythaeirr, bwater, etc.) UHJLVWHUHG LQ D VDQFWLRQHG FRXQWU\ 7KH &OLHQWs¶agVed bDy lFawF. IRf tXheQaWcc ouZntLisWclKos xxX, KH %D the amount available in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out of the operation). In the event of closure of the account by the bank, the remaining funds on the account shall be returned to the client; In case of closing an account, an amount deposited in a relevant respective account will be returned to the clientClient, in which case the provision under 8.2.1 (tDheQBN¶V ULJKW ZL enforced.
8.3.4 Open settlement (current, card, sales or any similar) accoWu n DQG RU FKHFNLQJ DFFRXQW IRU WKH FXVWRPHU approval if it turns out that the customer does not have such account and/or there is a necessity of opening it additio(nfoarllythe purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit accoun, t(s) incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflect(iionncoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed bcyutshteomer to join this agreemensthall be GHHPHG DV apFplXicaVtioWnRonPoHpeUni¶ngVof the relevant account
8.3.5 ORFN WKbHan k &acOcoLunHt(sQ)-Wre¶strVict active transactions on/from the account(s) (cash payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions have not been carried out on/from the account(s) for 2 (two) years (for the purpothsies oPfaragraph, debiting WKH &OLHQW¶V DFFRXQW V IRU WKH VHWWOHPHQW RI WKH %DQasNa¶tVran saVctHionU).YLFH I Furthermore, if the bank account(s) is/are blocked for reasons mentioned herein, theenCtliwill not be entitled to banking product(s)/service(s) (registration, use of the product(s)/service(s), etc.) until it fully performs actions prescribed by the Bank. The Bank mOaVy Ra EORFN WKH &O account(s) in other cases envisaged by the lawsGoeforgia.
8.4 7KLV DJUHHPHQW PD\ DW DQ\ WLPH EH WHUPLQDWHG VXEMHFW gisWlaRtio n.WKH SDUWLHV¶
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placementvoafnrteilneformation on the web-VLWH RI WKH EDQN DW ZZZ WEFEDQN JH DQG RU DW WKH SUHPLVHV RI WK
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any timtheinw1i 0 (ten) calendar GD\V IURP WKH SODFHPHQW RI UHV-VSLHWFHWL YDHQ G LRQUI RUEPDDQWNL¶RVceQ nt eErsRU, iQDn QacFWcoKrdHHanV ce EwDithQthGNe ¶VHUZYHLE procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shaellebmeed to be accepted by the client and the agreementamended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the we-bVLWH LQ FDVH VXFK DQ DPHQGPHQW GRHV QRW ZRUVHQ WKH FOLHQ
8.7.1 The parties agree that if the bank makes changtoesthe terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in wirting or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also usremoetahnes of communication (including electronic, digital, telephone, etc:.)
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrow(ae)r tihnis contract and/or (b) any document provided/submitted by the borrower to thbeank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email address, the receipt (serving on the addressee) must be confirmed by a receipt gtednebrya respective technical means and/or by the verification provided by respective technical means. The customer agrees that athilesuebmmitted to the e-mail address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on dthdereassee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be condssideervred on him/her;
8.8.3 A notification shall be considered received/served on even if the nfioctai tion is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered receeivd/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the condition under subparagraph 8.2.1 current legislation of Georgia.
8.10 Any dispute and disagreement btweeen the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs -88.1.261.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-site of thH EDQN WKH LQIRUPDWLRQ SURWHFWHG LQ WKH EDQN¶V GDW printed out copies of those information prepared by the bank and signed by the director of the Agreement becomes effective bank or his/her lawful repnrteastieve shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject mattperreosfetnhteagreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 RQGLWLRQV WDULIIV LQWHUHVW UDWH RI VHUYLQJ WKH XXxXx dHisQesmWin atDedQbGy theEDQN¶V bank (including booklets, brochures, the Bank’s authorityweb site of the bank, etc.). In case of the discrepancy between the information ignivineformation sources and the contents of the present agreement, the terms of this agreement shall prevail.
8.15 Text RI WKLV DJUHHPHQW LV-s iteSwOwwD.tFbcHbaGnk .gRe.QUp oWn rKeqHue stEoDf thQeNcl¶ienVt theZsHigEned version of this agreement shall be delivered.
Appears in 1 contract
Samples: Banking Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using discontinuseinug any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service within no customer shall, withi n not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on the account closure and/or termination of closure use of the account service, be obliged to pay to the bank all commission fees and any other payments relating to respective oaucnct and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank thebank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on avbaleilaon the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account acocunt and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this htis paragraph transfer/deduction of service fees payable to the bank by the client from the account shall not be deemed as carrying out ou closed in other cases under the laws of the operation)Georgia. In the event of closure ofsuclre of the account by the bank, the remaining funds on the account shall be returned to the client; ;
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency withoaul itf it tulrnas toutt tehart th’escustaomdedr dioets inoot hnavaelsuchapprov account and/or there is a necessity of opening it additional(lfyor the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferringmaount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement ando/r any application, signed by thecustomer to join this agreement shall be deemaeppdlicataionson copuensintg oof mtheerrele’xxxxx account
8.4 This agreement may at any time be terminated subj stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the we-sbite of the bank at xxx.xxxxxxx.xx and/or at the premises of tshaend sberavicne kce’ntesrs. branche
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the ban-skite’asnd/owr beanbk’s branches and service centers, in a forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by tchleient and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen
8.7.1 The parties agree that itfhe bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other mnseaof communication (including electronic, digital, telephone, etc.:)
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/submittebdy the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to -thmeaiel address indicated in the subparagraph 8.8.1. of this Agreement (if thecreipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered received/srveed on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case of closing an accountagreement between the parties is not reached, an amount deposited such dispute shall be considered in a relevant account will be returned to accordance with the client, when paragraphs 8.1-68.19.
8.11 The parties hereby agree:
8.11.1 Information placed on the condition under subparagraph 8.2.1 web-site of the Agreement becomes effective bank, the information pr computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful reprensteative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the c detail in the sources disseminated by the bank (including booklets, brochures, the Bank’s authority).web site of the bank,
Appears in 1 contract
Samples: Banking Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the receipft tohe application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an subject to delivery of 10(ten) calendar days advance written notice thereof 10 (ten) calendar days before prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance written notice a writtenontification on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged boebliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which ofhwich have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or a/nodr fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunderaccloigautionnts herieufndetr, if within 6 (six) months there ihf weithinc6l(siix)emnontths btherreeaches was no balance in the account and/or if the client has not effected any operation through the account (for the purposes of this paragraph transfer/deduction of service fees payable to the bank by the client thnet clie from the account shall not be deemed as carrying out o closed in other cases under the laws of the operation)Georgia. In the event of closure of the account by the bank, the remaining funds on the account shall be returned truerned to the client; ;
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency without latter’s additional approv account and/or there isa necessity of opening it additionally(for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currencdyi,fferent from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by cthuestomer to join this agreement shall be deemed as caupsplitcaotiomn oenrop’esning of the relevant account
8.4 This agreement may at any time be terminated subj stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to itsh agreement through 10 (ten) calendar days advance placement of relevant information on the we-sbite of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service center
8.6 In the event stipulated under paragraph 8.5 hereof theliecnt shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the ban-ski’tse waenbd/or bank’s branches and service cen forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be acceptbeyd the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen
8.7.1 The parties agreethat if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notificati on hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also usteheor means of communication (including electronic, digital, telephone, etc.:)
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/bsmuitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to -thmeaiel address indicated in the subparagraph 8.8.1. of this Agreemeniftt(he receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered reecived/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case of closing an accountagreement between the parties is not reached, an amount deposited such dispute shall be considered in a relevant account will be returned to accordance with the client, when paragraphs 8.1-68.19.
8.11 The parties hereby agree:
8.11.1 Information placed on the condition under subparagraph 8.2.1 web-site of the Agreement becomes effective bank, the information pr computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawfurel presentative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subjectmatter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of seirn mvoireng the detail in the sources disseminated by the bank (including booklets, brochures, the Bank’s authority).web site of the bank,
Appears in 1 contract
Samples: Banking Operations Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an advance written notice thereof subject to delivery of 10 (ten) calendar days before advance written notice prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notification on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; ;
8.3.3 close the client’s account if the client breaches its obligations hereunderunder the Agreement signed with the Bank, if within 6 (six) months there was no balance in the account and/or if the client has not effected performed any operation through the account (for the purposes of this paragraph transfercharging a bank service fees/deduction of service fees payable payment(s) related to the bank by the client credit product(s) from the client’s account shall not be deemed qualified as carrying out of the operationa banking transaction). In The client’s account with the event of closure of Bank will also be closed in other cases under the account by the bank, the remaining funds on the account shall be returned to the client; Georgian legislation. In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition term under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority).
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer in any currency without latter’s additional approval if it turns out that the customer does not have such account and/or there is a necessity of opening it additionally (for the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/or moving/transferring amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this case, this Agreement and/ or any application, signed by the customer to join this agreement shall be deemed as customer’s application on opening of the relevant account
8.3.5 To block the Client’s bank account(s) – restrict active transactions from/to the Client’s account(s) (cash payments into the account, in and out transfers, cash conversion, etc.) if there has been no incoming/outgoing transfers into/from account(s) for 2 (two) years (for the purposes of this Paragraph, charging a bank service fee/ payment(s) related to the credit product(s) from the client’s account(s) shall not be qualified as a banking transaction). Furthermore, if the Client’s account(s) is/are blocked for this reason, he/she will not be entitled to banking facility(ies)/service(s) (sign- up, use, etc.) unless he/she performs completely all of the actions required by the Bank in advance.
8.4 This agreement may at any time be terminated subject to the parties’ agreement or in other cases stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) calendar days advance placement of relevant information on the web-site of the bank at xxx.xxxxxxx.xx and/or at the premises of the bank’s branches and service centers.
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to terminate this agreement at any time within 10 (ten) calendar days from the placement of respective information on the bank’s web-site and/or bank’s branches and service centers, in accordance with the procedures set forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement immediately after placement hereof on the web-site in case such an amendment does not worsen the client’s condition.
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above contract in favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.):
8.8.1 The parties agree that an electronic communication submitted to the email address that has been indicated by the borrower in (a) this contract and/or (b) any document provided/submitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an e-mail address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means. The customer agrees that the email submitted to the e-mail address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or by the verification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender because of absence of location of the addressee of the notification at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legislation.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the parties is not reached, such dispute shall be considered in accordance with the paragraphs 8.16-8.21.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-site of the bank, the information protected in the bank’s database (in computer programs) as well as electronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by the given agreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not affect other provisions of the agreement.
8.14 Conditions, tariffs, interest rate of serving the client and bank’s recommendations are described in more detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In case of the discrepancy between the information given in information sources and the contents of the present agreement, the terms of this agreement shall prevail.
8.15 Text of this agreement is placed on the bank’s web-site xxx.xxxxxxx.xx. Upon request of the client the signed version of this agreement shall be delivered.
Appears in 1 contract
Samples: Banking Transactions Agreement
VALIDITY OF THE AGREEMENT AND OTHER CONDITIONS. 8.1 This agreement shall come into effect upon confirmation by the bank of receipt of the application tahpeplication stipulated in paragraph 1.2 of this agreement and shall continue to be in force indefinitely.
8.2 The client may at any time moment close its the account or discontinue using any or all of the services service provided for hereunder by giving the bank an subject to delivery of 10 (tenc)alendar days advance written notice thereof 10 (ten) calendar days before prior to closure of the account or discontinuation of using the relevant serviceservice to the bank. In such this case, the client shall pay the bank all the commission fees and other payables related to the respective account and/or service customer shall, within no not later than 5 (five) calendar days upon serving after submitting to the bank with an advance a written notice notcifai tion on the account closure and/or termination of closure use of the service, be obliged to pay to the bank all commission fees and any other payments relating to respective account and/or discontinuation of using the relevant service.
8.2.1 The customer shall, before termination of the contract, be obliged obelidg to fully transfer the balance(s) available on the account(s) and/or notify the bank of the alternative bank details available at any other commercial bank to which the bank will be able to disburse the balance available on the customer's account. If the customer thecustomer fails to fulfill the obligations assumed under this paragraph, the bank may: (a) disburse, without any additional approval of the customer, the balance(s) available on the account(s) to any other bank account of the customer the details of which have whichhave become known to the bank when delivering the service, or from a public source and/or (b) transfer the balance(s) available on the account(s) to the bank's transit account and/or (c) limit the customer's access to the account(s), using banking services, to service,sto refuse to provide the service.
8.3 The bank may at any moment:
8.3.1 terminate the validity of this agreement subject to delivery of 10 (ten) calendar days advance written notice to that effect to the client;
8.3.2 change the conditions, characteristics of and/or fees (in the event of change of established fees by the bank) for services stipulated by this agreement, offer to the client or discontinue providing any and all services provided for hereunder; close ;
8.3.3 Close the client’s account if the client breaches its obligations hereunder, if within 6 (six) months there was no COLHQW¶V DFFRXQW LI WKH &OLHQW EUHDFKHV LWV REO been zero cash balance in the account and/or if the client has not effected any operation through no transactions have been carried out by means of the account for 6 (six) consecutive months. (For the purpose oifsthAgreement, the charging/transfer of the VHUYLFH IHH E\ WKH %DQN GRHV QRW TXDOLI\ DV D WUDQ be closed in other cases envisaged by law. If the account is closed, the amount available in the respective DFFRXQW ZLOO EH UHWXUQHG WR WKH &OLHQW LQ ZKLFK FD enforced.
8.3.4 Open settlement (current, card, sales or any similar) account and/or checking account for the customer LQ DQ\ FXUUHQF\dd itioZnaLl WapKprRovXal Wif i t tOurnDs WouWt tHhaUt t¶heVc usDtomer does not have such account and/or there is a necessity of opening it additional(lfyor the purpose of fulfillment of credit payment/ liabilities, putting/transferring onto deposit account(s) and/omr oving/transferring amount(s) from deposit account(s), incoming transfer operations in the currency, different from the currency, existing in the settlement account(s), reflection (incoming transfer) of the relevant currency account(s), etc.). In this cas,ethis Agreement and/ or any application, signed by thceustomer to join this agreement VKDOO EH GHHPaHppGlic atDionVo n FopXenVinWg Rof PtheHrUele¶vaVnt account 8.3.5 %ORFN WKH &OLHQW-¶rVes tricEt DacQtivNe traDnsFacFtioRnsXQonW/fr omV th e account(s) a(sch payment/withdrawal, transfer to/from the account(s), conversion, etc.) if bank transactions have not been carried out on/from the account(s) for 2 (two) years (for the purpose of this Agreement, GHELWLQJ WUDQVIHU RI WKHif y a%sDa QtraNns¶acVtio nV). FHuUrthYerLmForeH, if tIheHbHan k GRHV Q account(s) is/are blocked for reasons mentioned herein, the Client will not be entitled to banking facility/ies/service(s) (registration, use of thfeacility /ies/service(s), etc.) until it fully performs acotins prescribed by the Bank.
8.4 7KLV DJUHHPHQW PD\ DW DQ\ WLPH EH WHUPLQDWHG VXEM stipulated by the current legislation.
8.5 The bank retains the right to introduce amendments to this agreement through 10 (ten) caalernddays advance placement of relevant information on the we-sbite of the bank at xxx.xxxxxxx.xx and/or at the SUHPLVHV RI WKH EDQN¶V EUDQFKHV DQG VHUYLFH FHQWHUV
8.6 In the event stipulated under paragraph 8.5 hereof the client shall have the right to termatien this agreement at any time within 10 (ten) calendar days from the placement of respective information on WKH EDQ-VNL¶WVH ZDHQEG RU EDQN¶V EUDQFKHV DQG VHUYLFH FHQ forth in paragraph 8.2 hereof.
8.7 In the event the client fails to use its right stipulated under paragraph 8.6, the amendments proposed by the bank shall be deemed to be accepted by the client and the agreement amended accordingly. The bank shall have the right to make amendments to this agreement imedmiately after placement hereof on the web-VLWH LQ FDVH VXFK DQ DPHQGPHQW GRHV QRW ZRUVHQ
8.7.1 The parties agree that if the bank makes changes to the terms of this contract or any additional contract concluded based on the above conctrtain favor of the customer, the bank shall not be obliged to give a prior notification to the client of the changes.
8.8 Any notification hereunder shall be made in writing or in any other form stipulated by this agreement. The written notification is delivered to the other party to the last address known to the sender. For the purposes of delivery of notifications the bank may also use other means of communication (including electronic, digital, telephone, etc.:)
8.8.1 The parties agree that an electronic communitcioan submitted to the email address that has been indicated by the borrower in (a) this paragraph transfercontract and/or (b) any document provided/deduction of service fees payable submitted by the borrower to the bank and/or (c) any public source, shall be considered for the borrower as the notification officially served on;
8.8.2 If a notification to the party is submitted to an -email address, the receipt (serving on the addressee) must be confirmed by a receipt generated by respective technical means and/or by the client from verification provided by respective technicalmeans. The customer agrees that the account email submitted to th-emaeil address indicated in the subparagraph 8.8.1. of this Agreement (if the receipt (serving on the addressee) can be confirmed by a receipt generated by respective technical means and/or byvtehreification provided by respective technical means) shall be considered served on him/her;
8.8.3 A notification shall be considered received/served on even if the notification is returned to its sender because of absence of location of the addressee of theificnaottion at the address it has been sent, the addressee refuses to accept the notification or avoids to accept it;
8.8.4 A notification shall also be considered received/accepted, when it is sent and served on in any form and with any means determined by legliastion.
8.9 Any issues not directly governed by this agreement shall be settled in accordance with the current legislation of Georgia.
8.10 Any dispute and disagreement between the parties are to be resolved by negotiations. In case an agreement between the partiseis not reached, such dispute shall be considered in accocrdeawnith the paragraphs 8.1-68.21.
8.11 The parties hereby agree:
8.11.1 Information placed on the web-VLWH RI WKH EDQN WKH LQIRUPDWLRQ SU computer programs) as well aseecltronic and printed out copies of those information prepared by the bank and signed by the director of the bank or his/her lawful representative shall have evidentiary purpose and shall confirm the existence of those dealings which are stipulated by tivhengagreement.
8.12 This agreement supersedes any other agreements that may have existed between the parties concerning the subject matter of the present agreement.
8.13 In the event any provision hereof is declared or become void, such event shall not be deemed as carrying out affectropthroevisions of the operationagreement.
8.14 RQGLWLRQV WDULIIV LQWHUHVW UDWH RI VHUYLQJ WKH F detail in the sources disseminated by the bank (including booklets, brochures, the web site of the bank, etc.). In caseof the event of closure discrepancy between the information given in information sources and the contents of the account by the bankpresent agreement, the remaining funds on the account terms of this agreement shall prevail.
8.15 7H[W RI WKLV DJUHHPHQW-si teLwVww .tSbcObaDnkF.gHe.GUp oRn rQeq ueWstKoHf th eEcliDet ntQheN¶V ZHE signed version of this agreement shall be returned to the client; In case of closing an account, an amount deposited in a relevant account will be returned to the client, when the condition under subparagraph 8.2.1 of the Agreement becomes effective (the Bank’s authority)delivered.
Appears in 1 contract
Samples: Banking Transactions Agreement
